ARIZONA STATE SENATE
Phoenix, Arizona
department of weights and
measures
Purpose
Makes numerous changes
updating the statutes relating to the functions and duties of the Department of
Weights and Measures (Department).
Allows licensed registered service agencies and service representatives
to test or repair vapor recovery systems or components; allows the Department
to inspect and enforce all utility meters; establishes a licensure fee for
counting devices; and codifies and clarifies licensure requirements. Contains a Proposition 108 clause.
Background
The primary function of the
Department is to prevent fraud and maintain equity and fair trade practices in
the marketplace. This is achieved
through regulation and inspection of all weighing and volume measuring devices
used in sales made to the public. In
addition, the Department holds primary responsibility for regulating and
enforcing clean air provisions relating to oxygenated fuel requirements and
stage I and II vapor recovery systems.
Registered service agencies
are businesses that install and repair commercial weighing, measuring and
counting devices. The Department
annually licenses the agencies and the individuals who perform this work. Currently, contractors repair and test vapor
recovery systems, however, they do not have statutory authority to do so. According to the Department, when a
violation occurs that involves a vapor recovery contractor, the service station
owner must bear the liability of a civil penalty and attempt to recover the
amount, if appropriate, through private action. S.B. 1177 provides statutory authority to a registered service
agency or a registered service representative to test or repair vapor recovery
systems or vapor recovery components.
Utility Meter Inspections
Recently, the Department has
received several consumer complaints from a mobile home park where utility
meters had been installed to prorate the city utility bill for water. Current Arizona statutes allow the
Department to periodically examine and inspect metering devices of utility
companies but does not authorize the inspection of privately-owned and operated
utility meters. S.B. 1177 amends statute to allow the Department to inspect and
enforce all utility meter compliance.
Over the past several years,
the number of coin counting devices have increased. Although the Department can inspect the counting devices without
them being licensed, it has been standard practice that all weighs, measures
and commercial devices be licensed, so that the Department can track the
devices. However, a licensing fee for counting
devices has not been statutorily established.
The Department recommends counting devices carry a $12 licensure
fee.
According to the Department,
the current statutes as they pertain to licensure requirements of public
weighmasters, registered service agencies and registered service
representatives are vague. S.B. 1177
codifies and clarifies existing licensure requirements and testing practices
for public weighmasters, deputy weighmasters, registered service agencies and
registered service representatives to reflect current rules and practice.
According
to the Department, S.B. 1177 has a minimal positive fiscal impact to the state
general fund derived from the licensure fees for counting devices
(approximately $2,800) and from the licensure of vapor recovery contracting firms
and contractors as registered service agencies and service representatives
(approximately $580).
Provisions
1. Authorizes registered service agencies and registered service representatives, licensed by the Department, to test and repair vapor recovery systems and vapor recovery components pursuant to prescribed requirements. Specifies qualifications and licensure requirements.
2. Requires the Department to indicate on each registered service representative license the type of service approved by the Department for the licensee.
3. Allows a registered service representative, pending outcome of an official examination, to place devices back in service that have been placed out of service.
4. Allows a registered service representative, pending an official examination, to place in service any commercial device for which a completed commercial device application has been submitted to the Department.
5. Expands the authority of the Department to inspect metering devices of utility companies to include all metering devices (electricity, natural gas and water).
6. Prohibits the examination and inspection of a metering device owned by a federal, state or local government agency unless requested to do so by the government agency that owns the device.
7. Requires counting devices to be licensed by the Department as commercial devices and prescribes a $12 license fee for these devices.
8. Requires deputy weighmasters to meet the same licensure requirements and duties of public weighmasters.
9. Codifies licensure requirements and qualifications for public weighmasters and deputy weighmasters.
10. Prohibits a person or firm that tests or inspects from correcting the defect causing the rejection of a weight, measure, device, vapor recovery system or a vapor recovery component without the permission of the Department.
11. Broadens the definition of “retailer seller” to a person whose business purpose is to offer for sale or use any package or commodity by weight, measure or count.
12. Specifies that the Department’s regulatory authority extends to unpackaged commodities as well as packaged commodities.
13. Makes clarifying, technical and conforming changes.
14. Contains a Proposition 108 clause, which requires an affirmative vote of at least two-thirds of the members of each chamber of the Legislature.
Amendments
Adopted by the House of Representatives
1. Specifies that the examination and inspection of metering devices do not apply to those owned by federal, state or local government agencies unless requested by the government agency.
Senate Action House Action
COM 1/24/01 DP 5-1-0-0 EUT 3/28/01 DP 9-0-0-1
3rd Read 1/31/01 20-9-1-0 CED 4/2/01 DPA 9-0-0-1
Final Read 4/16/01 20-6-4-0 3rd Read 4/9/01 41-17-2-0
Signed by the Governor 4/20/01
Chapter 164
Prepared by Senate Staff
April 30, 2001